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2010 Supreme(Cal) 835

ASHIM KUMAR BANERJEE, RAGHUNATH RAY
Bhaktu Gorain – Appellant
Versus
The State – Respondent


Advocates Appeared:
For the Appellants:J.N. Chatterjee, Uttam De, Advocates.
For the Respondent:R. K. Ghosal, Minati Gomes, Advocates.

Judgment :

RAGHUNATH RAY, J

Introduction

Deep rooted prejudices and superstitious beliefs of the Middle Ages have not yet died down amongst the die-hard members of the tribal community even on the threshold of the millennium. That is why towards the last decade of the nineteenth century in a remote hamlet of Purulia district a sexagenarian tribal widow was done away with by some of the co-villagers in a ruthless manner in the presence of her siblings, other family members and co-villagers since it was suspected that because of her witchcraft a fellow villager’s wife suffered protracted ailments.

Background Facts

2. About more than two decades and a half ago in the early hours of the autumn morning one Keshari Mahatani was targeted for her magic power having evil effects upon family members of the villagers. Having been intercepted on her way back from a nearby pond accompanied by Bijoli Mahato, her daughter – in – law, PW 4 she was gheroed on all sides by the afore-named five accused armed with Tabla, Tangi and lathi. In response to their hue and cry, her two sons, other relatives and co-villagers reached the P.O. and witnessed a dastardly attack perpetrated on the wretched widow c

















































































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